CSHB 159(JUD): "An Act allowing a person under age 21 to be arrested by a peace officer without a warrant for illegal possession, consumption, or control of alcohol; relating to the offenses of driving while intoxicated and failure to submit to a chemical test of breath or blood; and providing for an effective date."
00CS FOR HOUSE BILL NO. 159(JUD) 01 "An Act allowing a person under age 21 to be arrested by a peace officer 02 without a warrant for illegal possession, consumption, or control of alcohol; 03 relating to the offenses of driving while intoxicated and failure to submit to a 04 chemical test of breath or blood; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 12.25.030(b) is amended to read: 07 (b) In addition to the authority granted under (a) of this section, a peace officer 08 without a warrant may arrest a person when the peace officer has reasonable cause for 09 believing that the person has committed a crime under, or violated conditions imposed 10 as a part of the person's release before trial on misdemeanor charges brought under, 11 (1) AS 04.16.050 or an ordinance with similar elements; 12 (2) AS 11.41.270 or AS 11.56.740; or 13 (3) [(2)] AS 11.41, AS 11.46.330, or AS 11.61.120, or has violated an 14 ordinance with elements substantially similar to the elements of a crime under
01 AS 11.41, AS 11.46.330, or AS 11.61.120, when the victim is a spouse or former 02 spouse of the person who committed the crime; a parent, grandparent, child, or 03 grandchild of the person who committed the crime; a member of the social unit 04 comprised of those living together in the same dwelling as the person who committed 05 the crime; or another person who is not a spouse or former spouse of the person who 06 committed the crime but who previously lived in a spousal relationship with the person 07 who committed the crime or is in or has been in a dating, courtship, or engagement 08 relationship with the person who committed the crime. 09 * Sec. 2. AS 12.55.102(d) is amended to read: 10 (d) The court may include the cost of the ignition interlock device as a part 11 of the fine required to be imposed against the defendant under AS 28.35.030(b) or (n) 12 or 28.35.032(g) or (q). 13 * Sec. 3. AS 28.35.030(b) is amended to read: 14 (b) Except as provided under (n) of this section, driving [DRIVING] while 15 intoxicated is a class A misdemeanor. Upon conviction 16 (1) the court shall impose a minimum sentence of imprisonment of 17 (A) not less than 72 consecutive hours and a fine of not less 18 than $250 if the person has not been previously convicted; 19 (B) not less than 20 days and a fine of not less than $500 if the 20 person has been previously convicted once; 21 (C) not less than 60 days and a fine of not less than $1,000 if 22 the person has been previously convicted twice and is not subject to 23 punishment under (n) of this section; 24 (D) not less than 120 days and a fine of not less than $2,000 25 if the person has been previously convicted three times and is not subject to 26 punishment under (n) of this section; 27 (E) not less than 240 days and a fine of not less than $3,000 if 28 the person has been previously convicted four times and is not subject to 29 punishment under (n) of this section; 30 (F) not less than 360 days and a fine of not less than $4,000 if 31 the person has been previously convicted more than four times and is not
01 subject to punishment under (n) of this section; 02 (2) the court may not 03 (A) suspend execution of sentence or grant probation except on 04 condition that the person serve the minimum imprisonment under (1) of this 05 subsection; 06 (B) suspend imposition of sentence; 07 (3) the court shall revoke the person's driver's license, privilege to 08 drive, or privilege to obtain a license under AS 28.15.181, and may order the motor 09 vehicle or aircraft that was used in commission of the offense to be forfeited under 10 AS 28.35.036. 11 * Sec. 4. AS 28.35.030(h) is amended to read: 12 (h) The court shall order a person convicted under this section to satisfy the 13 screening, evaluation, referral, and program requirements of an agency authorized by 14 the court to make referrals for rehabilitative treatment or to provide rehabilitative 15 treatment. If a person is convicted under (n) of this section, the court shall order 16 the person to be evaluated as required by this subsection before the court imposes 17 sentence for the offense. 18 * Sec. 5. AS 28.35.030(j) is amended to read: 19 (j) If a person fails to satisfy the requirements of an authorized agency under 20 (i) of this section, the court 21 (1) may impose any portion of a suspended sentence; however, if the 22 person was convicted under (n) of this section, the court shall impose the 23 remaining portion of any suspended sentence; 24 (2) may punish the failure as contempt of the authority of the court 25 under AS 09.50.010 or as a violation of a condition of probation; and 26 (3) shall order the revocation or suspension of the person's driver's 27 license, privilege to drive, and privilege to obtain a driver's license until the 28 requirements are satisfied. 29 * Sec. 6. AS 28.35.030(m)(4) is amended to read: 30 (4) "previously convicted" means having been convicted in this or 31 another jurisdiction, within 10 years preceding the date of the present offense, of any
01 of the following offenses [, OR OF ANOTHER LAW OR ORDINANCE WITH 02 SUBSTANTIALLY SIMILAR ELEMENTS]; however, convictions for any of these 03 offenses, if arising out of a single transaction and a single arrest, are considered one 04 previous conviction: 05 (A) operating a motor vehicle, aircraft, or watercraft while 06 intoxicated, in violation of this section or in violation of another law or 07 ordinance with similar elements, except that the other law or ordinance 08 may provide for a lower level of alcohol in the person's blood or breath 09 than imposed under (a)(2) of this section; 10 (B) refusal to submit to a chemical test in violation of 11 AS 28.35.032 or in violation of another law or ordinance with similar 12 elements; or 13 (C) operating a commercial motor vehicle while intoxicated in 14 violation of AS 28.33.030 or in violation of another law or ordinance with 15 similar elements, except that the other law or ordinance may provide for 16 a lower level of alcohol in the person's blood or breath than imposed 17 under AS 28.33.030(a)(2). 18 * Sec. 7. AS 28.35.030 is amended by adding a new subsection to read: 19 (n) A person is guilty of a class C felony if the person is convicted of driving 20 while intoxicated and has been previously convicted two or more times. For purposes 21 of determining if a person has been previously convicted, the provisions of (m)(4) of 22 this section apply, except that only convictions occurring within five years preceding 23 the date of the present offense may be included. Upon conviction the court 24 (1) shall impose a fine of not less than $5,000 and a minimum sentence 25 of imprisonment of not less than 26 (A) 120 days if the person has been previously convicted twice; 27 (B) 240 days if the person has been previously convicted three 28 times; 29 (C) 360 days if the person has been previously convicted four 30 or more times; 31 (2) may not
01 (A) suspend execution of sentence or grant probation except on 02 condition that the person serve the minimum imprisonment under (1) of this 03 subsection; or 04 (B) suspend imposition of sentence; 05 (3) shall revoke the person's driver's license, privilege to drive, or 06 privilege to obtain a license under AS 28.15.181(c); 07 (4) may order as a condition of probation or parole that the person take 08 a drug or combination of drugs, intended to prevent the consumption of an alcoholic 09 beverage; a condition of probation imposed under this paragraph is in addition to any 10 other condition authorized under another provision of law; and 11 (5) may also order forfeiture under AS 28.35.036 of the vehicle or 12 aircraft used in the commission of the offense, subject to remission under 13 AS 28.35.037. 14 * Sec. 8. AS 28.35.032(f) is amended to read: 15 (f) Except as provided under (q) of this section, refusal [REFUSAL] to 16 submit to a chemical test authorized by AS 28.33.031(a) or AS 28.35.031(a) or (g) 17 is a class A misdemeanor. 18 * Sec. 9. AS 28.35.032(g) is amended to read: 19 (g) Upon conviction under this section 20 (1) the court shall impose a minimum sentence of imprisonment of 21 (A) not less than 72 consecutive hours and a fine of not less 22 than $250 if the person has not been previously convicted; 23 (B) not less than 20 days and a fine of not less than $500 if the 24 person has been previously convicted once; 25 (C) not less than 60 days and a fine of not less than $1,000 if 26 the person has been previously convicted twice and is not subject to 27 punishment under (q) of this section; 28 (D) not less than 120 days and a fine of not less than $2,000 29 if the person has been previously convicted three times and is not subject to 30 punishment under (q) of this section; 31 (E) not less than 240 days and a fine of not less than $3,000 if
01 the person has been previously convicted four times and is not subject to 02 punishment under (q) of this section; 03 (F) not less than 360 days and a fine of not less than $4,000 if 04 the person has been previously convicted more than four times and is not 05 subject to punishment under (q) of this section; 06 (2) the court may not 07 (A) suspend execution of the sentence required by (1) of this 08 subsection or grant probation, except on condition that the person serve the 09 minimum imprisonment under (1) of this subsection; or 10 (B) suspend imposition of sentence; 11 (3) the court shall revoke the person's driver's license, privilege to 12 drive, or privilege to obtain a license under AS 28.15.181, and may order the motor 13 vehicle or aircraft that was used in commission of the offense be forfeited under 14 AS 28.35.036; and 15 (4) the sentence imposed by the court under this subsection shall run 16 consecutively with any other sentence of imprisonment imposed on the person. 17 * Sec. 10. AS 28.35.032(l) is amended to read: 18 (l) The court shall order a person convicted under this section to satisfy the 19 screening, evaluation, referral, and program requirements of an agency authorized by 20 the court to make referrals for rehabilitative treatment or to provide rehabilitative 21 treatment. If a person is convicted under (q) of this section, the court shall order 22 the person to be evaluated as required by this subsection before the court imposes 23 sentence for the offense. 24 * Sec. 11. AS 28.35.032(n) is amended to read: 25 (n) If a person fails to satisfy the requirements of an authorized agency under 26 (m) of this section, the court 27 (1) may impose any portion of a suspended sentence; however, if the 28 person was convicted under (q) of this section, the court shall impose the 29 remaining portion of any suspended sentence; 30 (2) may punish the failure as contempt of the authority of the court 31 under AS 09.50.010 or as a violation of a condition of probation; and
01 (3) shall order the revocation or suspension of the person's driver's 02 license, privilege to drive, and privilege to obtain a driver's license until the 03 requirements are satisfied. 04 * Sec. 12. AS 28.35.032 is amended by adding a new subsection to read: 05 (q) A person is guilty of a class C felony if the person is convicted under this 06 section and has been previously convicted two or more times. For purposes of 07 determining if a person has been previously convicted, the provisions of 08 AS 28.35.030(m)(4) apply, except that only convictions occurring within five years 09 preceding the date of the present offense may be included. Upon conviction, 10 (1) the court shall impose a fine of not less than $5,000 and a 11 minimum sentence of imprisonment of not less than 12 (A) 120 days if the person has been previously convicted twice; 13 (B) 240 days if the person has been previously convicted three 14 times; 15 (C) 360 days if the person has been previously convicted four 16 or more times; 17 (2) the court may not 18 (A) suspend execution of the sentence required by (1) of this 19 subsection or grant probation, except on condition that the person serve the 20 minimum imprisonment under (1) of this subsection; or 21 (B) suspend imposition of sentence; 22 (3) the court shall revoke the person's driver's license, privilege to 23 drive, or privilege to obtain a license under AS 28.15.181(c); 24 (4) the court may order as a condition of probation or parole that the 25 person take a drug or combination of drugs intended to prevent consumption of an 26 alcoholic beverage; a condition of probation imposed under this paragraph is in 27 addition to any other condition authorized under another provision of law; 28 (5) the sentence imposed by the court under this subsection shall run 29 consecutively with any other sentence of imprisonment imposed on the person; and 30 (6) the court may also order forfeiture under AS 28.35.036, of the 31 vehicle or aircraft used in the commission of the offense, subject to remission under
01 AS 28.35.037. 02 * Sec. 13. APPLICABILITY. This Act applies to offenses that are committed on or after 03 the effective date of this Act, except that references to previous convictions include 04 convictions occurring before, on, or after the effective date of this Act. 05 * Sec. 14. This Act takes effect July 1, 1995.